Can I expunge a criminal record for simple assault?

Jamison Koehler Assault, Criminal Procedure

A criminal record for simple assault in D.C. can be sealed either immediately on the grounds of actual innocence or after two years in the interests of justice.  A conviction for simple assault can be sealed after eight years. Expunging/sealing an arrest for simple assault There are two different ways to expunge/seal an arrest for simple assault.  The first way is …

“Nobody read me my rights”

Jamison Koehler Criminal Procedure

When are police required to read you your rights? The answer actually is never.  That is, not unless the suspect is in custody and is being subjected to interrogation (hence the term “custodial interrogation”) and only then if police want to use the statements against him in court.

You Can’t Plead Guilty Without Admitting Guilt

Jamison Koehler Criminal Procedure, Sentencing

I am watching a guilty plea from the gallery. The prosecutor reads out the alleged facts from the police report, and the defendant says, yes, that is what happened. The colloquy continues. The defendant then tells the judge that she is not actually guilty. The only reason she is taking the government’s deal is because her lawyer made her. And, …

What It Means To Be Heard

Jamison Koehler Criminal Procedure

The complainant is having a melt-down in the hallway. It is not my case so I have no idea what is going on. All I see are two young prosecutors trying to calm her down. The more they talk, the angrier she gets. The situation seems to be getting out of control when a U.S. Marshall arrives. He is an …